How to Handle a Car Accident with an Uninsured Driver

Posted on

Did you know that in 2015, 13% of U.S. motorists were uninsured? This means that if you experienced car damage or an injury in a car accident where the other drive has no insurance, you’ll need to turn to your own uninsured motorist coverage of your insurance to get the compensation you need.

Even worse, most insurers give you a short timeline after the accident to file an uninsured motorist claim. This can be overwhelming for most drivers, but we’re here with car accident help to get you started.

Read on to learn the proper steps to take after a car accident with an uninsured driver.

No-Fault vs Tort

You must determine whether you’re in a no-fault or tort state, especially if you’re driving out of state. In the 12 no-fault states, each driver is responsible for their own injuries with their own insurance regardless of who’s at-fault. A driver can only sue another party if the injury is deemed severe.

Wisconsin is an at-fault state, meaning that you need to do your due diligence when it comes to determining who caused the accident. Once fault is assigned, the at-fault driver will be responsible for all damages.

However, you’ll still have to file an uninsured motorist claim if the other driver doesn’t have car insurance.

Call 911

If the accident is serious or blocking traffic, you must call the police as soon as possible after a car accident. Dispatching police can help direct traffic and get you the medical help you need. Moreover, the police officer will also file a report while they’re on the scene which is crucial when filing a claim.

If you’re not at fault, a copy of this police report will go a long way in helping skeptical insurers pay out your uninsured motorist claim. It provides valuable evidence from an unbiased party about what happened during the accident.

Gather Information

You’ll want to gather as much information as you can along with the police report. Take photos or video of the cars after the accident, along with tire marks on the road. You’ll also want to get the information of any witnesses.

Last but not least, make sure that you get all the contact information of the uninsured driver. The more information you gather, the more successful you’ll be dealing with your insurer.

File a Claim

Once you’ve gathered all the documentation you can, file a claim as soon as possible. Most insurers have a 30-day limit after an accident to file a claim.

A police report during this time is helpful because once you file a claim, the insurance company will conduct its own investigation. Giving them all the documentation you gathered will help speed up the process.

File a Lawsuit

In an at-fault state like Wisconsin, you can sue the other driver for damages. A reputable car accident attorney can help walk you through the legal process and gather the correct amount of compensation. However, it’s important to remember that even if you’re successful at proving that the accident was the other driver’s fault, they may not have assets to collect.

Handling A Car Accident with an Uninsured Driver

Everyone’s worst fear is handling an accident with an uninsured driver, but if you have insurance, you’ll still have protection. However, it’s important to remember to document everything that you can to speed up your insurer’s investigation process. Next, file a claim as soon as possible before your timeframe expires.

Ready to get in touch with reputable car accident lawyers in Milwaukee, WI? Contact us today for a free case review!

Get in touch with us today to get started with your FREE case review. We’re only a call, click, or short drive away.